Florida Emergency Temporary Custody Order for Grandparents and Relatives

When Emergency Relief Is Available

A standard Chapter 751 petition follows the regular notice and hearing process. When a child is in immediate danger, Florida law allows you to ask for emergency relief that may be entered without prior notice to the parents.

You can seek emergency temporary custody alongside a Chapter 751 petition when:

• The child faces imminent physical harm from a parent or someone in the parent's household
• There is a credible threat of sexual abuse
• There is a threat of out-of-state abduction

This is not the standard contested custody process. Emergency relief is narrow and requires a sworn affidavit describing specific, immediate danger — not general concerns about a parent's lifestyle or past behavior.

Ex Parte Orders: The 15-Day Clock

An ex parte order is entered by the judge without prior notice to the parents. To obtain one, the petitioner must demonstrate in a sworn affidavit that the child faces imminent danger of physical harm, sexual abuse, or out-of-state abduction.

Here is the critical detail: an ex parte emergency custody order is valid for a maximum of 15 days. Within that 15-day window, the court must hold a full evidentiary hearing where the parents have an opportunity to appear and respond. If no hearing is held before the order expires, the emergency relief dissolves.

This means the moment you receive an ex parte order, you need to:

1. Ensure the parents receive notice of the full evidentiary hearing before the order expires
2. Coordinate a hearing date with the Judicial Assistant within the 15-day window
3. Prepare your evidence for a contested hearing — the emergency affidavit alone will not sustain custody beyond the 15 days

Chapter 744 Emergency Temporary Guardianship

If your situation involves the probate court rather than family court — typically because both parents are deceased or incapacitated — Chapter 744 provides a parallel emergency mechanism under § 744.3031.

An Emergency Temporary Guardian (ETG) is appointed when an emergency threatens the child's physical safety or the child's property. The ETG's authority lasts up to 90 days or until a permanent guardian is appointed, whichever comes first, and may be extended for an additional 90 days if emergency conditions persist. Unlike Chapter 751, this process requires attorney representation unless you are a licensed Florida attorney, under Probate Rule 5.030(a).

What to Bring to the Emergency Hearing

The judge evaluating an emergency motion needs to see specific, documented evidence:

• Police reports or DCF intake records showing abuse, neglect, or abandonment
• Medical records documenting injuries to the child
• Photographs of unsafe living conditions
• Text messages or voicemails containing threats from the parent
• School attendance records showing chronic absence or withdrawal
• Witness statements from teachers, doctors, neighbors, or family members who have observed the danger firsthand

General testimony that a parent "has problems" or "isn't fit" is not enough for emergency relief. The court needs evidence of specific, immediate risk to the child's safety.

Emergency Custody vs. Calling DCF

If a child is in immediate physical danger right now — being actively harmed or in a home where violence is occurring — call 911 first. Then report to the Florida DCF Abuse Hotline at 1-800-962-2873.

Emergency custody through the court system is for situations where the danger is real and imminent but you have time to prepare a filing. Court-based emergency relief and a DCF report are not mutually exclusive — in many cases, families pursue both simultaneously.

Our Guardianship and Custody for Grandparents and Relatives in Florida guide covers the complete emergency process, from drafting the sworn affidavit to preparing for the contested hearing that follows.

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